New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION FURTHER AMENDMENT ACT 2003 - SCHEDULE 6

SCHEDULE 6 – Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103

(Section 3)

[1] Section 73 Expiry of warrant

Omit section 73 (1). Insert instead:

(1) Unless it is sooner withdrawn or extended:

(a) a search warrant (other than a telephone search warrant) ceases to have effect:

(i) when it has been executed, or

(ii) at the time specified in it for its expiry,

whichever first occurs, and

(b) a telephone search warrant ceases to have effect:

(i) when it has been executed, or

(ii) at the expiry of 24 hours after the time of its issue,

whichever first occurs, and

(c) a crime scene warrant (other than a telephone crime scene warrant) ceases to have effect at the time specified in it for its expiry, and

(d) a telephone crime scene warrant ceases to have effect at the expiry of 24 hours after the time of its issue.

[2] Section 73 (4)

Insert "(other than a telephone warrant)" after "A warrant".

[3] Section 73 (5A), (5B) and (5C)

Insert after section 73 (5):

(5A) A telephone crime scene warrant may be extended, for up to 60 hours at a time, by the authorised officer who issued the warrant.

(5B) The time for expiry of a telephone crime scene warrant may be extended twice.

(5C) A telephone search warrant may not be extended.

[4] Section 73 (6) (b)

Omit "on the application of".
Insert instead "on the written application of, and made in person by,".

[5] Section 201 Supplying police officer's details and giving warnings

Omit ", before or at the time of exercising a power referred to in subsection (3) (other than subsection (3) (g), (i) or (j)), or as soon as is reasonably practicable after exercising the power," from section 201 (1).

[6] Section 201 (2) and (2A)

Omit section 201 (2). Insert instead:

(2) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (other than subsection (3) (g), (i) or (j)):

(a) if it is practicable to do so, before or at the time of exercising the power, or

(b) if it is not practicable to do so, as soon as is reasonably practicable after exercising the power.

(2A) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (g), (i) or (j) before exercising the power.